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Avoid These Simple Errors to Protect Your Status in Virginia
In states across the United States where many immigrant families are an integral part of their communities, even the most minor misstep can trigger a removal proceeding by U.S. Immigration and Customs Enforcement (ICE). From something as seemingly harmless as missing a court date, these errors can have severe immigration consequences. If you are worried about the constantly changing immigration laws and your legal status, it is helpful to consult with a Fairfax County, VA family immigration lawyer from Immigration Legal Advisors, PLLC.
Why Even the Smallest Mistakes Now Matter for Non-Citizens
Since the end of January 2025, immigration law has dramatically expanded the types of criminal offenses that trigger mandatory detention and deportation. This includes charges – not convictions – against a non-citizen for a minor offense like shoplifting. Regarding crimes involving moral turpitude (theft, fraud, assault), even a single, minor offense can place a non-citizen at risk of removal.
New Asylum Rules: What Virginia Immigrants Need to Know
Under the current administration, immigration laws in the United States are changing rapidly, and asylum rules are no exception. Recent changes have altered the process by which immigrants apply for, qualify for, or maintain asylum protections. Immigrants and their families in Virginia and across the nation can find that these changes can make the difference between being granted protection and facing deportation. It is important to keep up with the changes and to consult with an experienced Herndon, VA immigration lawyer.
What Is Asylum?
A person who is already in the United States or at a port of entry and meets the definition of a refugee, but applies for asylum from within the U.S., is applying for asylum. Both asylum and refugee status require a well-founded fear of persecution because of religion, nationality, race, political opinion, or membership in a specific social group.
What Happens After You Enter the U.S. on a Fiancé Visa?
Although the K-1 fiancé visa allows engaged couples to reunite in the United States, entering the U.S. is just the beginning of a legal process that can generously be called "carefully structured." Every step of the process has crucial legal requirements and deadlines.
Failing to follow these guidelines and requirements could jeopardize not just your marriage plans but also your immigration status. To ensure you comply with all legal requirements, it is always a good idea to have a knowledgeable Herndon, VA immigration attorney with the experience and skills to guide you through the process in the best way possible.
What Is a K-1 Fiancé Visa?
A K-1 fiancé visa allows a foreign citizen’s fiancé to travel to the United States to marry his or her U.S. citizen sponsor. A U.S. citizen must file Form I-129F, Alien Fiancé, with the USCIS to initiate the process. Both the U.S. citizen and the foreign fiancé must be eligible to marry, and must have the intent to do so within 90 days of when the foreign citizen enters the U.S.
Can a Parent Sponsor a Child in Removal Proceedings?
For parents, there are few things more frightening than learning their child may be deported from the United States. The parents may wonder whether they can sponsor their child to allow him or her to remain in the U.S. Whether this is a possibility will depend on immigration status, eligibility categories, and timing. Although U.S. citizens and lawful permanent residents are allowed to petition for their children, sponsorship will not automatically stop or resolve a removal case.
There are other considerations as well, including whether the child entered the U.S. illegally or qualifies for asylum or Special Immigrant Juvenile Status. If you are a parent who wants to sponsor your child to prevent him or her from removal proceedings, your best course of action is to speak to a knowledgeable Herndon, VA family immigration lawyer.
Under What Circumstances Could My Child Be Deported?
A minor child could face removal for unlawful entry, overstays, or when denied asylum. A minor child could be deported under independent immigration proceedings without his or her parents, as an unaccompanied child (UAC) who entered the U.S. without a guardian or other lawful immigration status. If a child is determined to be a UAC, he or she is transferred to the care of the Office of Refugee Resettlement for processing.
When Child Custody Battles Affect Immigration Sponsorship
Immigration issues can be difficult and complex, and child custody issues can be just as difficult. When child custody issues and immigration problems collide, the difficulties can multiply quickly, particularly when an immigration sponsorship is thrown into the mix. Custody issues can have a direct impact on immigration sponsorship when it is a parent sponsoring a child or a step-parent sponsorship case.
Custody orders can also influence the outcome of green card and visa applications. Those in an immigration sponsorship situation must be fully aware of how a child custody battle can have serious immigration repercussions. Having an experienced Herndon, VA immigration attorney guiding you through these issues can be an invaluable resource.
What is Immigration Sponsorship?
Immigration sponsorship in the United States requires a lawful permanent resident or U.S. citizen who agrees to financially support an immigrant seeking to enter or remain in the United States. This sponsorship is a legal commitment, requiring an Affidavit of Support. Immigration sponsors are often based on family relationships, especially for spouses, children, and siblings of U.S. citizens or lawful permanent residents.
Does a Child Born in the U.S. Help a Parent Avoid Deportation?
Having a child born in the United States is traditionally a source of hope and pride, but it can also lead to false beliefs. Many undocumented parents believe having a child born in the U.S. will protect them from deportation. The truth is much more complex. A child born on U.S. soil is automatically granted citizenship – historically, and at least for now – but this does not necessarily grant legal status to the child’s undocumented parents.
Thousands of parents of U.S. citizens are deported each year, perhaps even more under the current administration. If your child is a U.S. citizen by virtue of being born here, but you are worried about your immigration status, you could benefit from speaking to a knowledgeable Herndon, VA immigration lawyer.
Birthright Citizenship and Parental Status
A child born in the U.S. is generally a citizen, regardless of the parents’ immigration status. This is guaranteed by the Fourteenth Amendment and is known as birthright citizenship. The principle was affirmed by the 1898 Supreme Court Case, United States v. Wong Kim Ark. While birthright citizenship is broadly applied, there are narrow exceptions, including children born to foreign diplomats and those born on foreign ships or military bases within the United States.
Can a Divorce Cancel Your Immigration Case in Virginia?
Immigration issues can be complex, especially in today’s political climate. If you filed for your green card based on your marriage to a U.S. citizen, you are already aware that the process can be lengthy. But what if your green card is based on a marriage that is falling apart? Will you lose your chance of obtaining a green card if you separate or divorce? What happens if you divorce before your interview, or after you receive conditional residency?
The answers to these questions depend on the specific situation, the timing, and the exact type of application. Should you find yourself in a situation like this, it is extremely important that you speak to an experienced Herndon, VA immigration lawyer who can evaluate your situation and help you explore options.
Family Preference Immigration: A Breakdown of F1 to F4 Visas
While current immigration policies are changing rapidly, historically, much of U.S. immigration policy revolved around family reunification. The family preference visa categories (F1 through F4) provide a legal pathway for specific family members of U.S. citizens and lawful permanent residents to immigrate to the United States.
If you want to sponsor a relative, it is essential to understand how these visa categories are prioritized, as well as the current wait times and eligibility requirements. When you have an experienced Herndon, VA immigration attorney as your advocate, navigating the immigration process can be much simpler.
What Are Family Preference Visas vs. Immediate Relatives?
The primary differences between immediate relatives and family preference categories in U.S. immigration lie in visa availability and waiting times. Immediate relatives of U.S. citizens, including spouses, minor children, and parents, have unlimited visas, and there are no numerical limits. Family preference categories have a limited number of visas and can have long waiting times. Each category of family preference visas has its own set of requirements and annual limits on the number of visas issued, including:
Can You Do Anything About a Missed Immigration Court Date?
Having to appear in immigration court can be extremely stressful and anxiety-inducing. This is even truer now that some immigrants are being detained outside of immigration court. Although missing an immigration court date can have adverse repercussions, it does not have to spell disaster. Whether the missed court date was unavoidable, due to a true emergency, or you simply forgot about the court date, there are things you can do to address the situation.
For those navigating the often-complex U.S. immigration system, resolving legal status issues is a cornerstone of the process, typically handled in immigration court. During a hearing in immigration court, individuals have the opportunity to present their cases before an immigration judge. The judge makes decisions on removals, status adjustments, asylum applications, and much more as he or she assesses each individual’s eligibility for relief, whether they have complied with immigration laws, and whether the claim is valid.
New VA Deportation Tactics Involve Cancel, Arrest, Deport
In Northern Virginia – and across the country – a new deportation tactic appears to be in use. Once inside immigration court, government lawyers are terminating cases. Then, when immigrants step outside the courtroom, they are arrested by ICE and taken for immediate deportation. This occurred outside an immigration court in Sterling, VA less than a week ago.
Several men who showed up for legitimate immigration hearings had those hearings canceled inside the courtroom and were immediately taken into custody outside in the parking lot. Although many of those who instigated the arrests were in plainclothes, they were allegedly ICE agents. Similar events occurred in Miami, Florida, on the same day. These types of arrests are rapidly increasing across the nation.
The government lawyers are, of course, complicit as they go into court and ask for dismissal. One Virginia immigration lawyer says she has only had one client in the past two decades who was arrested outside a courtroom. Obviously, this new practice will have an impact on immigrants who show up in court, and even witnesses may be deterred from attending due to fear of arrest.
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With offices in Herndon, Virginia, Montgomery Village, Maryland, and Toa Baja, Puerto Rico, Immigration Legal Advisors, PLLC provides legal help to clients in the areas surrounding Washington, D.C., including Frederick, Leesburg, Ashburn, McNair, Stone Ridge, Reston, Chantilly, Germantown, Woodbridge, Potomac, Gaithersburg, McLean, Falls Church, Manassas, Olney, Takoma Park, Arlington, Alexandria, Bethesda, Chevy Chase, Silver Spring, Hyattsville, College Park, Greater Landover, Bowie, Rockville, Montgomery Village, and Millersville.
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